The Veteran's claims for earlier effective dates with respect to his evaluation for tinnitus and hearing loss have been dismissed as a matter of law. The Board has also remanded several issues related to increased evaluations and earlier effective dates for various disabilities.
The deciding factor: The Veteran did not submit timely appeals or evidence of clear and unmistakable error regarding the October 2014 rating decision, which established his current service connection and evaluation for tinnitus and hearing loss. The Board has also found that additional medical examinations are necessary to determine the current severity of several disabilities.
- Claimed conditions
- tinnitus, bilateral hearing loss, bone disability, sleep apnea, high cholesterol, hypertension, depression, GERD, left shoulder disability, cervical spine disability, lumbar spine disability, hearing loss, migraine headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2019
- Citation
- 19137022
Veterans Law Judge
Decisions by this judge: 439 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19137022.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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